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27 07.09.2018
C.R.M. 7126 of 2018
sg Ct. No.34
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure.
Sk. Saker Ali
(Allowed) Versus
State of West Bengal
Mr. Nonigopal Chakraborty, Adv.
…for the petitioner.
Mr. Imran Ali, Adv.
Mr. Nirupam Dhali, Adv.
…for the State.
The petitioner seeks anticipatory bail in connection with Debra Police
Station Case No. 241 of 2016 dated 20.06.2016 under Sections
498A/323/325/307/354/406/34 of the Indian Penal Code and Section 4 of D.P. Act.
The State refers to the case diary and says that the wife and the minor child
have been driven away from the matrimonial home and are in penury at the wife’s
paternal home.
Considering the nature of the injury, there may not be any need to take the
petitioner into custody as long as the petitioner provides for maintenance for the
wife and child. Subject to the petitioner paying a sum of Rs.4500/- per month
beginning September, 2018 and payable by the 15th day of each month, the
petitioner will be entitled to anticipatory bail.
In the event there is any default in payment for any month, the wife and the
State will be entitled to seek cancellation of the petitioner’s bail. In case any
appropriate forum passes an order for maintenance or alimony pendente lite or the
like in favour of the wife, the payments made in terms of this order will be adjusted
against the same.
In the event of arrest, the petitioner is directed to be released on bail upon
furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must be local, to the
satisfaction of the Arresting Officer, subject to the conditions laid down under
Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner
will also report to the Investigating Officer at such time and place as may be
specified by the concerned police officer.
The petition for anticipatory bail is allowed on the conditions indicated
above.
A certified copy of this order be immediately made available to the
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petitioner, subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)
